Riots (Claims Tribunal) Act


Published: 1943-06-21

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Riots (Claims Tribunal) Act
RIOTS (CLAIMS TRIBUNAL) [CH.185 – 1


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

RIOTS (CLAIMS TRIBUNAL)
CHAPTER 185


RIOTS (CLAIMS TRIBUNAL)

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Compensation to persons for damage by riot.
4. Claims Tribunal constituted.
5. Appointments to be published.
6. Secretary and clerical assistance.
7. Remuneration of Claims Tribunal.
8. Powers of Claims Tribunal.
9. Limitations of time for making claims.
10. Appearance of Minister of Finance before Claims Tribunal.
11. Fixing of compensation by Claims Tribunal.
12. Compensation where property damaged is insured.
13. Apportionment.
14. Award.
15. Claims by associations not incorporated.
16. Rights of appeal to the Supreme Court.
17. Restrictions upon the payment of compensation under this Act.
18. Expenses and payment of compensation.
19. Power of police officer to investigate damage by riot.


RIOTS (CLAIMS TRIBUNAL) [CH.185 – 3


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 185

RIOTS (CLAIMS TRIBUNAL)
An Act to provide compensation for losses by riot.

[Commencement 21st June, 1943]
1. This Act may be cited as the Riots (Claims

Tribunal) Act.
2. In this Act, unless the context otherwise requires —
“Claims Tribunal” means the tribunal constituted

under sections 4 and 5 of this Act;
“damage by riot” means damage or destruction

done —
(a) to any house, shop or building and the

theft, damage or destruction of any goods
therein; or

(b) to any vehicle upon a public highway,
by any persons riotously and tumultuously
assembled together;

“goods” includes plant and machinery whether or not
attached to the realty but does not include
money, negotiable instruments, securities, evi-
dences of title to any property or right, or of the
discharge of any obligation or any document
owned for the purpose of a business;

“riot” has the meaning assigned to it by the Penal
Code.

3. Any person who has sustained loss in respect of
damage by riot shall receive compensation in accordance
with the provisions of this Act.

4. (1) Whenever there has been damage by riot in The
Bahamas, the Governor-General may, by Order appoint a
Claims Tribunal consisting of a President who shall be a
member of the legal profession and two members.

(2) An Order made under this section shall specify
the riot that was the occasion of the damage in respect of
which compensation is to be fixed by a Claims Tribunal


28 of 1943
43 of 1964
5 of 1987
25 of 1995
Short title.

Interpretation.

Ch. 84.

Compensation to
persons for
damage by riot.

Claims Tribunal
constituted.

CH.185 – 4] RIOTS (CLAIMS TRIBUNAL)





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

appointed by the Order and all claims for compensation
under this Act arising out of damage by such riot shall be
made to the Claims Tribunal.

(3) Unless the Governor-General otherwise orders
the appointment of a Claims Tribunal shall be for a period not
exceeding three years.

5. All appointments and revocations of appointments
of the President and members of a Claims Tribunal shall be
published in the Gazette and shall take effect from the date of
such publication.

6. The Claims Tribunal subject to the approval of
the Governor-General may —

(a) appoint a secretary to attend the sittings of the
Tribunal, to record their proceedings, to keep
their papers, summon and minute the testimony
of witnesses and generally to perform such
duties as a Claims Tribunal may prescribe; and

(b) employ such clerical assistance as may be
required.

7. The President or any member of a Claims
Tribunal not being a public officer may receive such
remuneration as the Governor-General may prescribe not
exceeding ten dollars per diem.

8. (1) A Claims Tribunal shall have the following
powers —

(a) to make, with the concurrence of the Governor-
General, rules prescribing the procedure for
notifying, presenting and hearing claims and all
matters incidental thereto and prescribing the
verification of any claim and of any facts
incidental thereto by statutory declaration,
production of books, vouchers and documents;

(b) to order persons to attend and give evidence on
oath, and to produce and give discovery and
inspection of documents;

(c) to call in the aid of one or more assessors
specially qualified, and hear any claim wholly or
partly with their assistance;

(d) to appoint an expert or experts to report on any
matter material to the hearing of any claim; and

25 of 1995, s. 2
and Sch.

Appointments to
be published.

Secretary and
clerical
assistance.

Remuneration of
Claims Tribunal.
5 of 1987, Sch.

Powers of Claims
Tribunal.

RIOTS (CLAIMS TRIBUNAL) [CH.185 – 5


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(e) to determine, subject to the approval of the
Governor-General, the remuneration, if any, of
such assessors and experts.

(2) A Claims Tribunal may take into consideration
and receive evidence concerning any matter which they
consider relevant to the subject of the inquiry before them,
notwithstanding that the matter is not admissible in
evidence under the law relating to evidence.

(3) A Claims Tribunal may permit the Minister of
Finance or any claimant to be represented by counsel or
other suitable person.

9. (1) Subject to the provisions of this section claims
for compensation under this Act shall not be entertained
by a Claims Tribunal unless made within fourteen days in
New Providence and one month in an Out Island from the
date of the publication of the Order appointing such
Tribunal.

(2) A Claims Tribunal may for good cause extend
the time within which a claim is made.

10. The Minister of Finance shall receive a copy of
all claims made to a Claims Tribunal, and may appear or
be represented at the hearing and contest the claims as a
defendant in an action.

11. A Claims Tribunal shall inquire into the truth of
all claims made to them under this Act and shall, if
satisfied, fix such compensation as appears to them just,
but in fixing the amount of such compensation regard shall
be had to the conduct of the person who suffers loss,
whether as respects his being a party or accessory to such
riotous or tumultuous assembly, or as regards any
provocation offered to the persons assembled or otherwise.

12. (1) Where any person who has suffered damage
by riot (in this section referred to as the insured) has
received by way of insurance or otherwise any sum to
recoup him in whole or in part for such loss, the
compensation otherwise payable to him under this Act shall,
if exceeding such sum, be reduced by the amount thereof.

(2) Where the insured has been recouped otherwise
than by the repayment of money, the provisions of this
section shall apply as if the value of such recoupment were
a sum paid, and the Claims Tribunal shall determine such
value.

Limitation of
time for making
claims.

Appearance of
Minister of
Finance before
Claims Tribunal.

Fixing of
compensation by
Claims Tribunal.

Compensation
where property
damaged is
insured.

CH.185 – 6] RIOTS (CLAIMS TRIBUNAL)





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

13. (1) Where several persons are interested in the
property which has suffered damage by riot, if such
persons agree in the apportionment of the compensation,
the particulars of such apportionment shall be specified in
the award, and as between such persons the award shall be
conclusive evidence of the correctness of the apportion-
ment.

(2) Where such persons are unable to agree on the
apportionment, a Claims Tribunal shall decide the
proportions in which the persons so interested are entitled.

14. (1) When a Claims Tribunal are not unanimous
as to the compensation to be awarded under this Act, a
majority of a Claims Tribunal may make an award.

(2) Every award of compensation made under this
Act shall be in writing signed by the President and
members concurring therein and copies thereof certified by
the President shall be transmitted to the Minister of
Finance, and a quarterly return of all amounts so awarded
shall be laid on the table of each House of Parliament.

15. Where damage by riot is sustained by any
association or body of persons not incorporated, a Claims
Tribunal may permit the claim to be made by representa-
tives of the association or body and such representatives
may give a valid discharge to the Treasurer for any
compensation awarded to such association or body, but
such discharge shall be without prejudice to the right of
any person to recover the compensation or part thereof
from such payee.

16. (1) The Minister of Finance or any claimant who
is dissatisfied with the decision of a Claims Tribunal may
appeal to the Supreme Court.

(2) The appellant within seven days of the award
shall serve notice in writing signed by the appellant or his
counsel or representative upon the Minister of Finance or
the claimant (as the case may be) and on the Claims
Tribunal of his intention to appeal and of the general
grounds of his appeal.

(3) The Claims Tribunal shall without delay
transmit to the Registrar of the Supreme Court a copy of
the award and all papers relating to the appeal.

Apportionment

Award.

Claims by
associations not
incorporated.

Right of appeal
to the Supreme
Court.

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(4) The appellant shall, upon serving notice of appeal
as provided in subsection (2) of this section, be entitled to a
copy of any evidence taken before the Claims Tribunal on
payment for the same at the rate of five cents per folio.

(5) The Supreme Court upon the hearing of an
appeal under this section shall, in addition to the powers
now exercised by that Court, have all the powers vested in
the Claims Tribunal under section 8 of this Act except
those powers provided in paragraph (a) of subsection (1) of
that section.

(6) Subject to the provisions of this section the
Supreme Court shall hear and determine an appeal from a
Claims Tribunal in like manner as an appeal by motion
from a decision of a magistrate; where the appeal is by the
claimant, the Minister of Finance shall be made the
respondent, and where the appeal is by the Minister of
Finance the claimant shall be made the respondent.

17. (1) Compensation awarded by a Claims Tribunal
in excess of eighty thousand dollars shall not be paid
without the approval of the House of Assembly signified
by resolution thereof.

(2) No compensation awarded by a Claims Tribunal
shall be paid until three months after the appointment of
the Claims Tribunal making the award:

Provided that an amount not exceeding one-half the
award may be paid if the President of the Claims Tribunal
certifies that the person to receive the same is in urgent
need of money.

(3) If before the expiration of three months from the
appointment of a Claims Tribunal, such Claims Tribunal is
of opinion that the damage done by the riot in respect of
which the Claims Tribunal was appointed is likely to
exceed sixty thousand dollars, the President of the Claims
Tribunal shall notify the Minister of Finance and the
following provisions shall apply —

(a) no compensation except as certified under the
proviso to subsection (2) of this section, shall be
paid until the Claims Tribunal has disposed of
all claims and has so notified the Minister of
Finance;

5 of 1987, Sch.

Restrictions
upon the
payment of
compensation
under this Act.

5 of 1987, s. 2.
43 of 1964, Third
Sch.

5 of 1987, s. 2.

CH.185 – 8] RIOTS (CLAIMS TRIBUNAL)





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) upon receiving such notice, the Minister of
Finance shall ascertain the total amount of
compensation awarded by the Claims Tribunal
and if such amount exceeds eighty thousand
dollars shall lay on the table of each House of
Parliament a statement of such total amount;

(c) if the House of Assembly does not approve the
payment of compensation awarded by the
Claims Tribunal in excess of eighty thousand
dollars, the amount awarded to each claimant
shall abate pro rata and be paid accordingly.

18. All expenses incurred under sections 6, 7 and 8
and in the payment of compensation upon any award and
generally in carrying out the objects of this Act shall be
payable out of the Consolidated Fund by warrant in the
usual manner.

19. (1) Whenever there has been damage by riot in
The Bahamas, the Commissioner of Police may direct any
officer or member of the police force (in this section
referred to as a police officer) to investigate such damage,
and for the purpose of the investigation such a police
officer may enter and inspect any premises wherein there
has been damage by riot.

(2) Any person when so required by a police officer
acting in the course of his duty under the provisions of this
section shall give to such officer all particulars within his
knowledge or procurement of the property damaged by
riot.

5 of 1987, s. 2.

5 of 1987, s. 2.

Expenses and
payment of
compensation.

Power of police
officer to
investigate
damage by riot.

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